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by steve mcconnell (staff writer)
/
Published: November 10, 2012

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Old Forge police and fire department members knew Chief Larry Semenza was sexually assaulting a 15-year-old girl, but did not protect her, the victim claims in a federal civil rights lawsuit filed Friday.

The lawsuit also charges the former mayor, his successor and borough council members with failing to enact policies and procedures that might have exposed the abuse or prevented it altogether.

The victim, now 23, told investigators in May that she was sexually assaulted by Chief Semenza, 48, police Capt. Jamie Krenitsky, 34, and former borough firefighter Walter Chiavacci, 47, between 2004 and 2007.

"It's fair to say borough officials knew. This was no isolated event," said the victim's attorney, Matt Slocum, who filed the suit on her behalf. "There were no efforts to hide this activity or keep it in the shadows."

Attorneys for Chief Semenza and Capt. Krenitsky declined to comment on case specifics. Both said the suit is driven purely by financial motivation.

According to the suit, Chief Semenza told members of the police and fire department he engaged in sexual acts with the victim, and he knew Capt. Krenitsky and Mr. Chiavacci sexually assaulted her.

The Times-Tribune does not identify victims of sexual abuse.

At the time, the girl was a junior member of the borough's volunteer fire department, which is located next to the police station and borough offices.

The suit claims the chief once used a butter knife to unlock a door to a bathroom in the fire department to watch the victim shower and referred to her as "his girlfriend," "sexy," and, "beautiful" around other borough officials including members of the fire and police departments. The federal civil rights lawsuit does not name any borough officials except the men accused.

As defendants, the suit names the borough, police department, fire department, the chief, the captain, and Mr. Chiavacci. It does not state the amount of damages being sought, but the suit could prove costly for the borough.

The borough's insurance policies contain explicit provisions denying coverage and payment for legal fees, settlements and jury awards for employees and public officials who committed crimes and were sued because of their criminal conduct, according to documents obtained by The Times-Tribune in a Right to Know Law record request.

The policies clearly say the insurance will not pay for any loss resulting from a settlement or monetary judgment handed up from a jury at a civil trial connected to "any willful violation ... of any law" and "any willful misconduct or dishonest, fraudulent, criminal or malicious act."

Some of the allegations in the suit mirror what investigators said about the accused and the sexual assaults alleged in arrest papers.

All three men remain free on bail. Their trials are expected to get under way sometime next year.

The chief and the captain's attorneys say their clients are innocent. Mr. Chiavacci is cooperating with the investigation, prosecutors have said.

"As it's been from day one, 100 percent innocent," attorney Jason Mattioli said of his client, Capt. Krenitsky. "I've been saying this all along that it's all about money."

"We're not surprised to see a lawsuit," added David J. Solfanelli, attorney for Chief Semenza.

Borough officials declined comment, saying they had not seen the lawsuit.

At the captain's preliminary hearing in June, the victim testified that she and the captain performed oral sex on each other in a tiny bunk room at the fire department.

The victim also told investigators she and the chief "made out" in the firehouse, where he grabbed her buttocks, breasts and touched her face while they were kissing, police said.

On one occasion, he placed his arm around her while they were sitting on the couch at the firehouse, then put his hand up her skirt and touch her inappropriately, police said.

The suit claims the chief and captain "groomed" the victim, using their positions of authority in the police department to take advantage of her. They were often in uniform when the alleged assaults happened, according to the suit.

Capt. Krenitsky and Mr. Chiavacci were listed as references on her application to become a junior firefighter, and Chief Semenza assured the girl's parents "that she would be safe at the fire department," the suit claims.

The chief, who was also a ranking member of the fire department, bought her new fire fighting gear and encouraged her to shower at the fire department. The chief "praised" and "enchanted" her, even picking out a song for the couples - "Drift Away" by Dobie Gray, the suit claims.

Together and alone, they drove out of town to fire fighting training seminars. The trips were paid for either by the borough or the fire department, the suit claims.

After one seminar the suit claims Chief Semenza "told members of the Old Forge Fire and Police Departments that he had engaged in sexual acts" with the victim, and she was later "harassed and humiliated through both comments and actions by members of the departments regarding Semenza's representations."

During a meeting of members of the fire department called by Chief Semenza, he claimed he had nude photos of the victim, the suit says.

"This case was, is, and will always be about the sexual abuse of a 15 year old at the hands of law enforcement," Mr. Slocum said. "The very people you would expect to serve and protect."

Contact the writer: smcconnell@ timesshamrock.com

@smcconnellTT on Twitter

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